2 Del. Admin. Code § 2226-15.0

Current through Register Vol. 27, No. 12, June 1, 2024

Section 2226-15.0 - Customer Complaints

15.1 Any person who wishes to file a complaint regarding any TPTO or ST must do so in writing to:

Delaware Division of Motor Vehicles

Attn: Driver Services, CDL Section

P.O. Box 698

Dover, DE 19903

15.2 The complaint shall state the name of the TPTO, any applicable STs, and the facts which constitute the basis of the complaint. The Division may, at its discretion, dismiss the complaint without a hearing. A dismissal of the complaint shall be without prejudice and no further action shall be taken by the Division.

15.3 The Division, upon determining that the complaint merits further investigation shall:

15.3.1 Assign a staff member to investigate the complaint;

15.3.2 Provide a redacted copy of the complaint, removing personal identifiable information (PII) of the complainant unless required for the response, within 15 business days of its filing to the TPTO or ST who is subject of the complaint; and

15.3.3 Send the complaint by certified mail or other verifiable means to the TPTO or ST named in the complaint at the address or addresses of record on file.

15.4 All TPTOs must cooperate with any investigation of a complaint against the TPTO or ST. Failure to cooperate with any investigation may be used as the basis for additional action against the TPTO, the ST, or both, by the Division.

15.5 The TPTO or ST has 15 business days from the date on which the redacted copy was provided to respond to the complaint in writing to the Division at the address provided in subsection 15.1.

15.6 Upon a recommendation for further action, the Director or the Director's designee, shall determine whether the TPTO or ST shall receive a written warning, be placed on probation for not more than 90 days, be suspended for a period not to exceed 6 months, be permanently decertified, or be revoked for one or more violations of this regulation. For purposes of the enforcement of this regulation and the protection of the public, progressive discipline is not required.

15.7 Upon a finding provided for in subsection 15.6 of this regulation, the Division shall provide written notice to the TPTO or ST by certified mail, email with receipt, or other delivery service with receipt. A copy of the notice shall also be provided to the complainant. The notice shall include the following:

15.7.1 A summary of the complaint;

15.7.2 A summary of the information obtained in the investigation;

15.7.3 Findings of fact or law, including the law or regulation allegedly violated by the TPTO or ST;

15.7.4 A statement by the Division on whether action will be taken and a description of the course of action intended; and

15.7.5 Notice of the TPTO's or ST's right to request a hearing to dispute the complaint. The hearing must be requested within 10 business days from the date on which the TPTO or ST received the certified or receipted notice.

2 Del. Admin. Code § 2226-15.0

27 DE Reg. 191 (9/1/2023) (Final)